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Minutes

Stated Meeting, October 13, 2011

Philadelphia City CouncilOct 13, 2011

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Mr. Butler

Good morning, Madam President.

Council President Verna

Good morning.

Mr. Butler

Good morning, City Council. My name is Andre Butler and I am the Vice Chair of the Board of Directors of the Philadelphia Unemployment Project, and I'm also part of a group called Neighborhood Networks and, more importantly, a banquet server. I know when I mention Neighborhood Networks, I know I give -- Councilman Goode gets his feathers ruffled. We've had some back and forth, but I'm glad to be on his side today. I became a banquet server officially about five years ago, and I worked for several temp agencies, several staffing agencies, which is how most banquet servers exist in this city. When you go to the Convention Center and have a convention, at least 50 percent of those servers that you see in penguin suits and bow ties are temp workers. When you go to most of the hotels that you have your black tie events and we're there serving you, most of us, at least half of us, are usually temp workers, which means those of you know, we don't have a steady paycheck. So oftentimes we have to take the job when we're sick, because we have no guaranteed income. So we take those jobs when we're sick. And I took one. Two years ago I was working at the Dolce Hotel in King of Prussia. I have three disc herniations in my neck, three disc herniations in my back and a pinched nerve in my right knee. It was my one day to work, my one day I had a chance to work that weekend. I needed to have money for next Friday. So I took that job, pain in like I don't know what. And as most of you know, when we're banquet servers, we carry these big football trays when we bring the food out to you to actually serve it. So I'm in the back of the house getting my food. I knew I couldn't carry ten that day. It was impossible. I said give me six. I'll just take six entrees out. The maitre d' tells me, They're very hot, Andre. Be very careful. Tell the guests these are hot. I said, Fine, I will. I'm taking my six out on the floor, get about halfway to my table, pain hits me, like about ten knives stabbing me in my back, and I'm trying to hold this tray with this hand trying to guide it. I couldn't do anything with it. I'm going forward and forward and forward, and I'm thinking I got six hot entrees in my hand that are about to fall on these guests here. So all I could do was keep steering the tray forward and forward and forward, and thankfully while all of the plates fell, they fell about this close to the guests. They fell right down like this and just missed the guests by that much. My co-workers came, cleaned up. Andre, take yourself -- get your back straightened out. Man down. We got this. We got this. Get yourself straightened out. Went back to the house, got myself straightened out. I thought about it. I said, I just possibly saved that hotel a lawsuit, because God knows those plates are really too hot for me to be carrying anyway. So I ask everybody that thinks about not supporting this bill for paid sick days and say it costs too much, just think about one thing. If somebody is working, whether it's a regular worker, a temp worker or a salary worker or a union worker, somebody that you're serving, whether it's in the culinary industry, whatever industry it is, something happens and somebody sues your business because some worker was sick and shouldn't have been working at that job and you became liable for some injury, I ask you, is it worth -- what is it worth? Is it worth preventing it before and paying the extra money to prevent something or saying it's not worth it and have a major lawsuit later? Thank you. (Applause.)

Chief Clerk

Aaron Birk, commenting on 110686.

Mr. Birk

Thank you, City Council. I am a volunteer with an organization called Protecting Our Waters. I know there have already been four comments on Resolution 110686, so I will try to keep this short. The City of Philadelphia has an historic opportunity right now to pass this resolution to join a coalition of groups, including the Attorney General of New York, to file a lawsuit against the gas industry that wants to frack 20,000 wells in the Upper Delaware River watershed. If that were allowed to happen, the City of Philadelphia would gain nothing. We would get nothing. Even if some dollars flowed in, they would quickly dry up and our water would be poisoned and we would have a major public health crisis, not just us but the States of New York, Pennsylvania, Delaware and New Jersey. If we were to stop the fracking, we would go down in history as a city that stood up against an industry that wants nothing but profits for itself and to extract fossil fuels that should never be extracted and to prevent the development of sustainable energy and a sustainable future for our country. Vote yes Resolution 110686. Thank you. (Applause.)

Council President Verna

I would ask the Chief Clerk if there are any other witnesses.

Chief Clerk

There are no other names on the public comment list, Madam President.

Council President Verna

Thank you. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. (Ms. Bowling talking without microphone.)

Council President Verna

I beg your pardon?

Ms. Bowling

I was told by the gentleman at the door not to bother signing in because you would announce that we would speak after everyone had spoken before it goes to Council.

Council President Verna

I believe you were here last week and I believe the week before.

Council President Verna

Is there a particular bill that you're going to be testifying on?

Ms. Bowling

Am I only -

Council President Verna

What is the bill -

Ms. Bowling

Am I only permitted to speak on one?

Council President Verna

I beg your pardon?

Ms. Bowling

Don't beg my pardon.

Council President Verna

I can't hear you. What bill or resolution number are you going to be testifying on?

Ms. Bowling

Among others, the last one, I believe 61, among others.

Council President Verna

Please proceed. Please proceed.

Ms. Bowling

Thank you. I was held up by a few things this morning. Sorry I didn't get to partake of this Council from the beginning. I do hope that you all began with Penn's prayer for Philadelphia and Pennsylvania and beyond. Among other interruptions, we're meeting the citizens and the visitors of Philadelphia, one having been shot by a Philadelphia policeman, put on the badge of medical marijuana in Pennsylvania. He could not come in because he did not have identification. I'm sorry you're not giving full attention to this. The other gentleman was afraid to come in because his parole officer might be watching from the building across the street and see that even though he was a citizen speaking up to Council of his plight, he would be further mistreated and abused by the system. Now, to the point, on minimum wage issues, et cetera, let's not play itty-bitty spider went up the waterspout and fell down and had to crawl back up again. The minimum wage in Philadelphia and on the planet earth should be $10 an hour. Freeze prices locally, statewide, federally until such time when balance and equilibrium is brought to the economy. By the way, we did not impeach Obama or others, et al., in instances such as the BP fiasco whereby the Gulf of Mexico was turned into a developing swamp. We need those, by the way, while we're talking about gas and other energy sources good and not good. Sorry you don't have time for the attention. We in Pennsylvania were the first oil rig, the Drake. We've been first in Pennsylvania, first Philadelphia stuff. This little being happened upon in her lifetime a gentleman by the name of Keith Miller. He's been on disability for many years. He has been given a pittance. Whether he still is or not, I know not. By Harvard, there's an associate professor having submitted to the world in a scientific journal a complete layout of the deep oil fields here in the United States, the contiguous states, on land. Specifically, we will cite Michigan, where auto workers were without jobs because they could not fit in, because supposedly jobs were being given overseas. Thank God for the Chinese and the Indian people who have supplied us with Christmas.

Council President Verna

I'm sorry.

Ms. Bowling

I'm sorry, too.

Council President Verna

I am sorry, you're going to have to conclude your remarks. You are well beyond your three minutes.

Ms. Bowling

I think Mayor Nutter wants to put up portalets on the four corners -

Council President Verna

You are well beyond your three minutes. We appreciate your coming in to testify, and I thank you. Our next witness, please.

Ms. Bowling

Are there any?

Council President Verna

Our next witness.

Chief Clerk

Is there anyone else to give public comment on today's agenda? (No response.)

Ms. Bowling

The oil wells sitting underneath Michigan was my jobs for those -

Council President Verna

Thank you very much. Thank you very much. Our next witness, please. (Ms. Bowling talking without microphone.)

Council President Verna

Our next witness, if any. (Ms. Bowling talking without microphone.)

Council President Verna

Thank you.

Ms. Bowling

Now I thank you for giving me respect. I worked many, many years for this moment.

Council President Verna

Thank you again. Okay. Since there's no one 10/13/11 - STATED - 2ND READING else to testify, we will consider the bills on the Second Reading -

Ms. Bowling

If anybody wants more information, I'm available.

Council President Verna

We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. The Clerk will please read the title of Resolution No. 110540.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Second Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, 10/13/11 - STATED - 2ND READING Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110589.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or 10/13/11 - STATED - 2ND READING pieces of ground with the buildings and improvements thereon, situate in the Sixteenth, Twenty-Ninth, Thirty-Second and Forty-Seventh Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We will now consider Resolution 110682. 10/13/11 - STATED - 2ND READING

Chief Clerk

A resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the 45th and Sansom Urban Renewal Area, designated as Parcel No. 11 and also sometimes identified by house number and street address as 122 South Forty-Sixth Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.) 10/13/11 - STATED - 2ND READING

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110683.

Chief Clerk

A resolution honoring the career of Elmer Smith.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The resolution is adopted. The Chief Clerk will please read the title of Resolution 110684. 10/13/11 - STATED - 2ND READING

Chief Clerk

A resolution also naming the 2000 block of East Tulpehocken Street as "Joseph C. Aiken, Sr. Way."

Council President Verna

The Chair again recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We will now consider Resolution 110685.

Chief Clerk

A resolution approving the redevelopment contract and 10/13/11 - STATED - 2ND READING disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, designated as Parcel Nos. 89 and 90 and also sometimes identified by house numbers and street addresses for Parcel No. 89 as 2018 through 2020 Reed Street and for Parcel No. 90 as 2024 Reed Street.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The 10/13/11 - STATED - 2ND READING ayes have it and the resolution is adopted. We will now consider Resolution 110686.

Chief Clerk

A resolution calling on the City and the City Council of Philadelphia to support, as Friend of the Court, consolidated lawsuits brought by the Attorney General of the State of New York and others against the Delaware River Basin Commission and involved federal agencies to require that no drilling of Marcellus Shale take place until a full environmental analysis is completed.

Council President Verna

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. 10/13/11 - STATED - 2ND READING All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. (Applause.)

Council President Verna

The Chief Clerk will please read the title of Resolution 110687.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Fourth Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Jones. 10/13/11 - STATED - 2ND READING

Councilman Jones

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110688.

Chief Clerk

A resolution recognizing October as Parent Involvement Month at the School District of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, 10/13/11 - STATED - 2ND READING Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110689.

Chief Clerk

A resolution initiating action to establish a neighborhood improvement district in an area that generally includes the areas roughly bounded by: (a) York Street, Carlisle Street, Girard Avenue and 19th Street; (b) York Street, the SEPTA Regional Rail tracks, Susquehanna Avenue 10/13/11 - STATED - 2ND READING and Watts Street; and (c) the Diamond Green, Kardon Atlantic, University Village and Wanamaker School developments, to be known as the North Broad Neighborhood Improvement District.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, that resolution should be held today. I want to hold that.

Council President Verna

I know we were told that you wanted it moved.

Councilman Clarke

It's a hold today. I want to hold that today, Madam President.

Council President Verna

Okay. That will be held. We will now consider Resolution 110690.

Chief Clerk

Resolution recognizing, honoring, and thanking LoJack SafetyNet for their outstanding 10/13/11 - STATED - 2ND READING commitment to Philadelphians who suffer from cognitive disorders.

Council President Verna

The Chair recognizes Councilman Kelly.

Councilman Kelly

I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. I would ask the Chief Clerk to please read the title of Bill No. 100200-AAA.

Councilman Green

Madam President, one more resolution. I believe we have one more resolution. 10/13/11 - STATED - 2ND READING

Council President Verna

What number are you referring to?

Councilman Green

It's not a number. It was introduced today with a suspension of the rules.

Council President Verna

We do consider it at the end of the Calendar.

Councilman Green

Thank you, Madam President.

Chief Clerk

Bill No. 100200-AAA, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Section 14-231, entitled 'Residential District Rules and Exceptions,' by providing for restriction on placement, installation and maintenance of certain satellite dishes and antenna."

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, the amendment on this bill has been 10/13/11 - STATED - 2ND READING circulated. This is a technical amendment based on the Law Department's request. Hopefully the last and final amendment. I move for the adoption of this amendment. (Duly seconded.)

Council President Verna

All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the bill has been amended. We will now consider Bill No. 090850.

Chief Clerk

An ordinance amending Section 10-1001 of Title 10 ("Regulation of Individual Conduct and Activity") of The Philadelphia Code relating to fees charged by the Commissioner of Records by modifying the amount of such fees. 10/13/11 - STATED - 2ND READING

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, at this time I would like to withdraw that bill. (Duly seconded.)

Council President Verna

All in favor? (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Bill No. 090850 has been withdrawn. We will now consider Bill No. 110116.

Chief Clerk

An ordinance establishing a parking regulation on Fontain Street, north side, 16th Street to 17th Street.

Council President Verna

The Chair recognizes Councilman Clarke. 10/13/11 - STATED - 2ND READING

Councilman Clarke

Thank you, Madam President. I would also like to withdraw this particular bill. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 110116 be withdrawn. All those in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the bill has been withdrawn. The Chief Clerk will please read the title of Bill No. 110118.

Chief Clerk

An ordinance establishing a parking regulation on Olive Street, south side, 5th Street to 4th Street.

Council President Verna

The Chair again recognizes Councilman Clarke. 10/13/11 - STATED - 2ND READING

Councilman Clarke

Madam President, I would like to make a motion to withdraw this bill. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 110118 be withdrawn. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. Bill No. 110118 has been withdrawn. We will now consider Bill No. 110498.

Chief Clerk

An ordinance amending Section 9-804 of The Philadelphia Code, entitled "Unfair Rental Practices," by requiring that every lease provide that a landlord shall be prohibited from terminating the lease based upon a tenant's status as a 10/13/11 - STATED - 2ND READING domestic violence victim, and shall be required to terminate the lease upon the request of a tenant victim of domestic violence.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman 10/13/11 - STATED - 2ND READING Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill is voting aye. Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye. 10/13/11 - STATED - 2ND READING

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 110556.

Chief Clerk

An ordinance amending Chapter 20-1200 of The Philadelphia Code, entitled "Lobbying," by modifying certain definitions, provisions, and exemptions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally.

Councilman Green

Madam President?

Council President Verna

I'm 10/13/11 - STATED - 2ND READING sorry. The Chair recognizes Councilman Green.

Councilman Green

Thank you, Madam President. I have been asked by some state agencies and instrumentalities of the state to make clear that this bill includes all federal -- this bill includes an exemption for employees of all federal and state agencies and instrumentalities, including SEPTA. Thank you, Madam President.

Council President Verna

You're welcome. This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. 10/13/11 - STATED - 2ND READING

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman 10/13/11 - STATED - 2ND READING O'Neill is voting aye. Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.